Decisions Without Reasons: Rethinking Jury Secrecy
The current system of trial by jury in Australia effectively means that although a jury will provide a verdict of guilty or not-guilty, the jury will not provide reasons for their decisions. The author challenges this system whereby jurors are not permitted to provide a simple, cogent and structured set of reasons for any decisions that they make. The author argues that the Australian jury should be made to provide reasons for any decisions that they make. Accordingly, the author seeks to examine the role of the jury in various legal systems around the world, the connection between jury secrecy and international law, the growing importance of administrators and their role in providing reasons for any decisions that they make, significance in the rule of law and what it can reveal to us about the current jury secrecy rule, and, lastly, the author offers a number of reforms to the current jury secrecy rule.
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